Baverstock Vs Baverstock: Navigating Inheritance Disputes
In the recent case of Baverstock vs Baverstock, a brother and sister took their inheritance battle to court after the sister, Lisa, was accused of forcing their mother to change her Will ‘on her deathbed’, cutting out her brother John. Richard Howells, Director and Head of Inheritance and Trust Disputes, explains the case.
After their mother’s death in 2021, John Baverstock took his sister Lisa to court when video evidence showed Lisa manipulating their mother’s hand to get her to sign a new Will. Their mother, Margaret, was hospitalised at the time and suffered from advanced dementia, arthritis, and suspected lung congestion. She died just eight days after signing the new Will.
The new Will removed John as a beneficiary, leaving Margaret’s south London home and all her assets – worth £700,000 - to Lisa.
John contested the Will, arguing that it was “not the independent act of the deceased,” claiming that his mother “was effectively forced by the physical actions of Lisa into participating in a pantomime of due execution of a document she did not comprehend”.
The Judge agreed, as the video of Lisa holding her mother’s hand over the Will clearly showed manipulation at play. Margaret could “barely flicker an eyelid” at the time of signing, according to Court reports, and did not read the new Will herself. The Judge explained: “I am satisfied that the deceased had no idea what was going on. She was unable to act independently and, although she responded with a ‘yeah’ or even a grunt when addressed as Mum, that was simply a response to being directly addressed and didn’t indicate consent to signing the Will or acknowledging its contents.
“At no point did Margaret ask Lisa for help in signing the Will or direct her to sign the Will on her behalf. Nobody ensured that she understood what was happening by asking her questions about the contents of the Will or asking her to tell them her wishes, and she cannot fairly be said to have signed the Will.”
The new Will was a homemade document, printed from an online template and drafted by Lisa herself. It named Lisa as Margaret’s sole beneficiary, as Lisa claimed this was what her mother wanted following Lisa’s decision to give up work and care for her mother full-time from 2019.
If ever making changes to your own Will, or hoping that someone else will change theirs, it is vital to consult a Solicitor to ensure that any changes will be legally acceptable. For a Will to be valid, it must be signed when the owner is mentally capable and understands what they are agreeing to. They must sign the Will freely, without intervention or manipulation.
The Court battle led Lisa to pay John £70,000 in legal fees, and as the Will was found to be invalid due to Margaret’s lacking capacity at the time of signature, Margaret was found to have died ‘intestate’ (without a valid Will). This meant Lisa was ordered to split the £700,000 inheritance with her brother equally.
Consulting a Solicitor when making changes to a Will can help to avoid emotionally fraught, drawn-out, expensive court battles, allowing family members to understand any decisions of unequal inheritance and advising if any issues may arise due to the Will’s contents. Forcing someone to change their Will is unlawful, and will most likely result in the Will’s contents being invalidated. Unless there is an earlier valid Will, this would leave the Will’s owner to have died ‘intestate’, meaning their inheritance would be split equally amongst beneficiaries.
For advice and guidance on lifetime planning or inheritance disputes, JCP Solicitors can help. As members of the Association of Contentious Trusts and Probate Specialists (ACTAPS), our team can advise on legal claims dealing with Wills and Probate. Call 03333 208644 or email hello@jcpsolicitors.co.uk to find out how we can help you.